JOSEPH JAMAL WALKER
v.
STATE OF FLORIDA
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Convictions and sentences are affirmed, but the written revocation order must be corrected to align with the oral pronouncement by removing unsupported violations.
[1] A written judgment or order that conflicts with the trial court's oral pronouncement must be corrected to conform to the oral pronouncement on remand.
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Join FLexlaw to unlock all legal intelligenceWalker was convicted and sentenced. At revocation proceedings, the trial court made an oral pronouncement regarding violations, but the written order …
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PER CURIAM. We affirm the convictions and sentences in all respects. We remand to the circuit court for correction of the written revocation order to conform to the court’s oral pronouncement. The written order contains a violation for failing to undergo a drug and alcohol evaluation; in its oral pronouncement, the court ruled that violation had not been established. The written order also contains a violation for committing the offense of possession of a firearm by a convicted felon; however, the state nolle prossed that count at sentencing after the court’s oral pronouncement. Affirmed and remanded for correction. WARNER, GROSS and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Hickman v. State, 263 So. 3d 87 (Fla. 4th DCA 2019)
Authorities Cited (13 total)
- State v. Murray, 443 So. 2d 955 (Fla. 1984)
- Rose v. State, 425 So. 2d 521 (Fla. 1982)
- Donnie Lee Ivory v. State, 351 So. 2d 26 (Fla. 1977)
- Hitchcock v. State, 413 So. 2d 741 (Fla. 1982)
- Ring v. Oklahoma, 461 U.S. 909 (U.S. 1983)
- Strickland v. Zant, 459 U.S. 960 (U.S. 1982)
- State v. Melendez, 244 So. 2d 137 (Fla. 1971)
- Jones v. State, 411 So. 2d 165 (Fla. 1982)
- Peavy v. State, 442 So. 2d 200 (Fla. 1983)
- Davis v. Georgia, 459 U.S. 891 (U.S. 1982)